Current Legal News

Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.

A grand jury in Nashville has recommended criminal charges be filed against Senate Speaker Ron Ramsey, R-Blountville, and House Speaker Beth Harwell, R-Nashville, for failing to appoint enough women and minorities to the Judicial Performance Evaluation Commission, the Associated Press reports. The grand jury found that the pair “willfully and arrogantly ignored the law requiring these appointments be made in proportion to the population of the state,” but did not specify which laws were violated. Davidson County District Attorney Glenn Funk is reviewing the grand jury report and will make the final decision on whether to file charges according to his office. The Johnson City Press has the story.

President Barack Obama has yet to reveal his choice to succeed Attorney General Eric Holder, but the Senate confirmation process already has become contentiousness, the Washington Post reports. With the midterm elections potentially shifting the balance of power in the chamber, some Republicans are arguing that hearings and votes on a new attorney general should be delayed until January. Democrats counter that Republicans should allow Obama to select his own cabinet. Holder’s decision to leave on the eve of a midterm election has no precedent in recent history, the paper reports – a fact that further complicates a confirmation process that has been a partisan flashpoint in recent years.

If admission to practice before the U.S. Supreme Court is one of your career goals, don’t miss the opportunity to make it a reality during the 31st Annual TBA Academy, Dec. 2-3, in Washington, D.C. A select group of Tennessee attorneys will be able to take part in a private ceremony before the court and enjoy other events in the nation's capital. A reception and celebration dinner kick off the Academy, which also includes the opportunity to earn three hours of CLE credit. The group will stay at the Hay Adams Hotel, located across from the White House. Interested candidates should complete the required forms by Oct. 27. For information and a step-by-step guide on how to sign up, visit the TBA website.

The TBA Access to Justice Committee, in partnership with the TBA Corporate Counsel Section and the Tennessee Chapter of the Association of Corporate Counsel, will host the Ninth Annual Corporate Counsel Pro Bono Initiative Gala March 7, 2015, at the Hermitage Hotel in Nashville. Law firms, corporations and individuals are invited to support the event by becoming sponsors or purchasing tickets. Presentation of the 2015 Corporate Counsel Pro Bono Initiative (CCPBI) awards – which recognize the Tennessee law firm and corporate legal department that best exemplify a commitment to access to justice – also will take place at the event. CCPBI engages corporate counsel and in-house lawyers in pro bono work. Since the inception of the program, more than $425,000 has been raised and distributed to organizations across the state that connect corporate lawyers to local pro bono projects.

Herbert H. Slatery III will be sworn in Wednesday as Tennessee’s 27th Attorney General. The ceremony will take place at 11:45 a.m. in the Old Supreme Court Chambers at the Tennessee State Capitol. Gov. Bill Haslam and Tennessee Supreme Court Chief Justice Sharon Lee will administer the oath of office. Slatery previously served as legal counsel to Haslam and was in private practice in Knoxville. Download the announcement.

Steve Crump, the district attorney in Tennessee's 10th Judicial District, was asked to handle the case of James Leon Works Jr. after prosecutors in Chattanooga recused themselves. Crump usually prosecutes cases in Bradley, McMinn, Monroe and Polk counties. Works' case required a district attorney from outside Chattanooga because prosecutors have a longstanding working relationship with police officer Karl Fields, the lead investigator on the Works case. Fields is accused of pursuing a sexual relationship with the victim. The Tennessee Bureau of Investigation is looking into whether Fields broke any laws while investigating Works' case. The Chattanooga Times Free Press has more.

Prospective Republican presidential candidates are promoting religious liberty at home and abroad at a gathering of evangelical conservatives. The annual Values Voter Summit opened Friday in Washington with speeches from several potential presidential candidates, including Kentucky Sen. Rand Paul, Texas Sen. Ted Cruz, former Arkansas Gov. Mike Huckabee and Louisiana Gov. Bobby Jindal. The program features ambitious Republicans with positions on social issues across the spectrum — from the libertarian-leaning Paul, who favors less emphasis on abortion and gay marriage, to Huckabee, a former Southern Baptist pastor whose conservative social values define his brand. Knoxnews has more from the Associated Press.

Mayor Karl Dean on Thursday helped cut the ribbon for the Jean Crowe Advocacy Center in Nashville, WKRN reports. The facility, located in the Ben West Building at the Nashville courts complex, is a family justice center that will serve as a place where domestic violence victims can get assistance as they go through the Davidson County court systems. The advocacy center came about after the recommendations were made in a 2013 Domestic Violence Safety and Accountability Assessment, which was released a year ago. The 3,300-square-foot area is a safe place for victims to go on their court dates while waiting for their cases to be heard to avoid contact with alleged offenders while waiting for the court proceeding.

Republican U.S. Sen. Lamar Alexander and Rep. Scott DesJarlais offered criticism instead of praise Thursday after U.S. Attorney General Eric Holder announced he would resign, the Daily News Journal reports. "Attorney General Holder's departure from the Justice Department cannot come soon enough," DesJarlais stated in a press release. DesJarlais previously co-introduced articles of impeachment for Holder and voted to hold the attorney general in contempt of Congress. Alexander was also critical. "I hope the president will nominate an attorney general this time who will faithfully apply the laws Congress has passed and not seek to impose policies the president wishes Congress had passed,” Alexander said.

The Governor’s Commission for Judicial Appointments will consider eight applicants when it meets Oct. 15 to select nominees for the vacancy in the 22nd Judicial District Circuit Court covering Giles, Lawrence, Maury and Wayne counties, The applicants are: Thomas Joseph Dancison Jr., J. Thomas DuBois, Patrick A. Flynn, William M. Harris, J. Russell Parkes, Leland Bruce Peden, Stanley Kurt Pierchoski and Larry Michael Roe Jr. The vacancy has been created by the appointment of Judge Robert Holloway to the Tennessee Court of Criminal Appeals, effective Sept. 1. The Administrative Office of the Courts has more on each applicant.

The Tennessee Supreme Court recently granted review to three cases. Criminal cases include election of offenses and DUI arrests, while a civil case will consider the summary judgment standard for cases still governed by Hannan. Read more about the issues and predictions as to how the case may be decided in the Raybin-Perky Hotlist.

TBA Member Services (TBAMS), the wholly owned subsidiary of the Tennessee Bar Association that provides insurance and other services to members, today announced that it has severed ties with insurance agent Graham Swafford III. “We expect a virtually seamless transition for policy holders,” TBA Executive Director Allan Ramsaur said.

Lawyers who have obtained, or are in the process of obtaining or renewing lawyers' professional liability insurance through the TBA endorsed carrier, The Bar Plan, will get a letter within the next week or so fully informing them about the continuation of service.

"One reason we set up this subsidiary is to be able to offer continual service to our members as agents come and go and that is exactly what we are doing here," Ramsaur said. Kelly Stosik, TBA Membership Director, will handle calls, emails and other inquiries while The Bar Plan's in-house agent will continue to deal with applications and other issues until a new agent comes onboard.

Health, life, and disability brokerage arrangements for policies sold under the TBA umbrella will be ironed out in the next week or two. TBAMS will be seeking out an experienced agent to step in. Any questions? Contact Kelly Stosik or Allan Ramsaur at the TBA at (615) 383-7421 or kstosik@tnbar.org or aramsaur@tnbar.org.

CASA Nashville today celebrated its 30th anniversary of serving abused and neglected children in Davidson County. Mayor Karl Dean, Rep. Jim Cooper and Juvenile Court Judge Sheila Calloway were on hand to join CASA staff, board members, donors and volunteers in celebrating the milestone. “Please know how much we appreciate the work that you do, “ Dean said. “It is absolutely vital to the juvenile court, it’s vital to the kids here in our city, and it is just a critical service.” At the close of the ceremony, Judge Calloway read a proclamation issued by Gov.Bill Haslam declaring Sept. 26 as CASA Inc. Day in Tennessee.

Hamilton County District Attorney Neal Pinkston yesterday asked the Tennessee Bureau of Investigation (TBI) to investigate the arrest of a Red Bank man beaten by police in April. Pinkston specifically asked the TBI to review the video that captured the events leading up to the arrest, the arrest itself and the circumstances surrounding the lack of availability of that video during early court proceedings. The Chattanooga Times Free Press has more.

Alberto Gonzales, the former Attorney General who is now dean of Belmont University’s College of Law, made his first trip to MTSU yesterday to speak on "Law School and the Legal Profession." Gonzales' White House tenure, which was marked by controversy related to the war on terrorism and his personnel decisions, prompted a peaceful protest of his visit outside the Honors Building by members of the MTSU branch of the national organization Solidarity. His talk was briefly interrupted by students inside who disagreed with his views. They were escorted out of the room by MTSU Police. WGNSRadio has the story.

The Tennessee Supreme Court today postponed the Oct. 7 execution of Billy Ray Irick, The Tennessean reports. The court accepted his appeal in light of an ongoing lawsuit filed by 11 death row inmates challenging the secrecy of the state’s lethal injection procedures and the constitutionality of its backup plan, the electric chair.

Need guidance setting up or maintaining a trust account? A new publication from the Board of Professional Responsibility can help. The Tennessee Attorney’s Trust Account Handbook provides information on topics ranging from Trust Account Rules, to Reconciliation, Recordkeeping and Internal Controls. “We’ve heard your questions and concerns at seminars and on the Board of Professional Responsibility’s ethics hotline,” the authors write. “We know the errors that often result in discipline for trust account violations.”

The Tennessee Supreme Court today ordered a new trial for Henry Lee Jones, who had been convicted of two counts of first degree murder in Shelby County and sentenced to death. Because the trial court committed prejudicial error by admitting evidence that Jones had committed a separate murder in Florida, the Court reversed the convictions but ruled that the State may again seek the death penalty in the new trial.

Metro Pulse columnist Frank Cagle says it is nice having a Republican Attorney General, but he’s not pleased with how it came about. “Like the voters in the retention election, I’m uneasy with weakening the checks and balances of our government,” he writes. “We have three independent branches for a reason. What (Lt. Gov. Ron) Ramsey has accomplished is important. But is it more important than an independent judiciary?”

The Sixth Circuit Court this week upheld a ruling throwing out a Liberty Legal Foundation suit that claimed President Obama is not a natural-born citizen and therefore not qualified for office. The Knoxville-based foundation filed the suit in 2012 against the National Democratic Party, the Democratic National Committee and others, including former Tennessee Democratic Party Chairman Chip Forrester, WATE reports. A lower court had ruled that the suit was frivolous, said the claims had no basis in law and ordered the group to pay reasonable attorney fees for the defendants.